State v. Martin

WOLLMAN, Justice.

Defendant appeals from a judgment and order of the circuit court that reinstated the three-year suspended portion of his prison term and the balance of his suspended fine. We affirm.

On February 20, 1979, defendant was convicted of third-degree burglary by a Custer County jury. On March 14, 1979, defendant was sentenced to eight years in the South Dakota State Penitentiary and fined $7,000.00. Three years of the penitentiary sentence and $4,000.00 of the fine were suspended on the condition that defendant make restitution to the victim in the amount of $432.00 within eighteen…